Bio - Magistrate Judge Maria A. Audero; MAA Standing Order - Dec 2025.pdf; Request for Informal Telephonic Discovery Conference - May 2024; Stipulated Protective Order - October 2021

=== Bio - Magistrate Judge Maria A. Audero ===

Maria A. Audero was appointed as a Magistrate Judge in June 2018. Prior to her appointment, Judge Audero was a Partner in, and served as co-chair of, the Employment Law Department of Paul Hastings LLP in Los Angeles. While there, she specialized in state and federal wage-and-hour nationwide class and collective actions, discrimination and pay equity cases, equal employment opportunity cases, and government contract affirmative action matters. Prior to her appointment, Judge Audero served as Judge Pro Tem for the Los Angeles Superior Court and was appointed by Governor Edmund G. Brown as Commissioner of the California Fair Political Practices Commission. Judge Audero was co-chair of the American Bar Association's Section of Labor and Employment Law Committee on Federal Labor Standards Legislation – Family and Medical Leave Act and was Editor-in-Chief of the annual Mid-Winter Report. She also sat as Chair of the Board of Directors of the Employment Round Table of Southern California and was a member and advisor of the Executive Committee of the California Bar Association’s Labor & Employment Law Section. Since her appointment, Judge Audero has served as faculty at The Sedona Conference’s annual meetings and e-discovery negotiation training and spoken on e- discovery panels. In addition, she is a member of the Executive Committee of the Los Angeles County Bar Association’s Litigation Section, an Honorary Director of the Los Angeles Chapter of the Federal Bar Association, and a member of the Board of Governors of the Association of Business Trial Lawyers. Judge Audero received her B.A. at UCLA, and her J.D. from Southwestern University School of Law, graduating magna cum laude. While there, Judge Audero served as an editor of the Law Review.

=== MAA Standing Order - Dec 2025.pdf ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , v. , Plaintiff(s), Defendant(s). Case No. INITIAL STANDING ORDER FOR FULL CONSENT CIVIL CASES ASSIGNED TO MAGISTRATE JUDGE MARIA A. AUDERO READ THIS ORDER CAREFULLY. IT GOVERNS THIS ACTION AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to Magistrate Judge Maria A. Audero. Judge Audero conducts all proceedings in Courtroom 880 on the Eighth Floor of the Roybal Federal Building and United States Courthouse, 255 East Temple Street, Los Angeles, CA 90012 (“Roybal Courthouse”). Counsel for the plaintiff must immediately serve this Order on all parties, including any new parties to the action. If this case was removed from state court, the defendant that removed the case must serve this Order on all other parties. The responsibility for the progress of litigation in the federal courts falls upon the attorneys in the action and upon the Court. “To secure the just, speedy, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and inexpensive determination of every action” (Fed. R. Civ. P. 1), all counsel, including pro se litigants,1 are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure (“Rule”), particularly Rules 16 and 26, the Local Civil Rules of the Central District of California (“Local Rules”),2 and Judge Audero’s Requirements.3 The parties also may wish to familiarize themselves with the Central District of California’s website.4 UNLESS THE COURT ORDERS OTHERWISE, THE FOLLOWING RULES APPLY. TABLE OF CONTENTS 1. Counsel 7. General Motion Requirements 2. Communication with Chambers 8. Specific Motion Requirements 3. Pleadings 4. Discovery 9. Ex Parte Applications 10. Injunctions and Restraining Orders 5. Filing Requirements 11. Continuances 6. Order Setting Scheduling 12. Settlement Conference/ADR Conference 13. Standing Orders and Templates 1 Parties appearing pro se without counsel must comply with the Federal Rules of Civil Procedure and the Local Rules. See C.D. Cal. L.R. 1-3, 83-2.2.3. 2 The Local Rules are available on the Court’s website: https://www.cacd.uscourts.gov/court-procedures/local-rules. 3 Judge Audero’s Requirements are available on her webpage on the Court’s website: https://apps.cacd.uscourts.gov/Jps/honorable-maria-a-audero. 4 The Court’s website is: https://www.cacd.uscourts.gov. (Revised December 2025) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. COUNSEL a. Civility. All counsel who appear in this action immediately must review and comply with the Civility and Professionalism Guidelines on the Court’s website under Attorney Information. Failure to do so may result in sanctions. b. Presence of Lead Counsel. Only one attorney for a party may be designated as lead trial counsel. Lead trial counsel must attend all proceedings set by this Court and be prepared to address and resolve all matters within the scope of the proceeding. Lead counsel are encouraged to permit junior lawyers to fully participate in court proceedings, including to argue motions and to examine witnesses at trial. Please refer to Judge Audero’s Requirements, Procedures ¶ 1: Courtroom Opportunities for New Attorneys (Five Years or Fewer) for further information. c. Self-Represented Parties/Pro Se Litigants. i. Parties appearing in propria persona without counsel (pro se litigants) are to comply with the Local Rules—in particular, Local Rule 16 (“Pretrial Conferences; Scheduling; Management”)—and the rules set by this Court. In this Order, the term “counsel” includes pro se litigants. Only individuals may represent themselves. A corporation or other entity must be represented by counsel; and if counsel seeks to withdraw, counsel must advise the entity of the dire consequences of failing to obtain substitute counsel before seeking withdrawal— i.e., a plaintiff entity’s case will be dismissed or a defendant entity will default. See Local Rule 83-2.3.4. ii. With the exception of requesting informal discovery conferences, all parties, including pro se litigants, shall not initiate contact with the Court or its Chambers staff by writing letters, sending email messages, making telephone calls to Chambers, or otherwise communicating with the Court unless opposing counsel is present. All matters must be called to the Court’s attention by appropriate filed application or motion pursuant to Local Rule 83-2.5. To request (Revised December 2025) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 an informal discovery conference, parties are required to comply with Judge Audero’s Requirements, Procedures ¶ 4. iii. The Court has a Pro Se Clinic available to assist those persons who do not have an attorney to represent them. Clinics are located in Los Angeles, Riverside, and Santa Ana. More information can be obtained on the Court’s website at http://prose.cacd.uscourts.gov/. The Los Angeles Clinic operates by appointment only. Pro se litigants may schedule an appointment either by calling the Clinic at (213) 385-2977 ext. 270, or by submitting an online application to request services at http://prose.cacd.uscourts.gov/los-angeles. d. Duty to Notify of Settlement. Counsel must advise the Court immediately if the case or any pending matter has been resolved. Failure to provide timely notice of settlement or resolution of pending matters may result in sanctions. e. “Notice of Unavailability.” While the Court expects that counsel will conduct themselves professionally and will not deliberately schedule any proceeding when counsel are unavailable, a “Notice of Unavailability” has no legal effect and should not be filed. 2. COMMUNICATION WITH CHAMBERS Counsel shall not initiate contact with the Court or its Chambers staff by telephone or by any other improper ex parte means. Counsel may contact the courtroom deputy clerk (“CRD”) with appropriate inquiries. Inquiring about the status of a ruling or contacting the CRD to continue a proceeding or take it off calendar generally are not appropriate. The preferred method of communication with the CRD is by email to [email protected]. Counsel must copy all parties on any such email. To facilitate communication with the CRD, counsel should list their email addresses along with their telephone numbers on all papers. /// (Revised December 2025) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. PLEADINGS a. Initial Pleading. Counsel shall comply with Local Rule 3 when filing initial pleadings. All initiating pleadings, including third-party complaints, amended complaints, complaints in intervention, counterclaims, and cross claims, shall be filed as a separate document. None shall be combined with an answer. b. Service of the Complaint. The plaintiff(s) shall promptly serve the complaint in accordance with Rule 4 and file the proof of service pursuant to Rule 4(l). Unless otherwise ordered by the Court, any defendant, including any “Doe” or fictitiously named defendant, not served within ninety (90) days after the case is filed shall be dismissed pursuant to Rule 4(m). c. Cases Removed from State Court. i. All documents filed in state court, including documents appended to the complaint, answers, and motions, must be re-filed in this Court as a supplement to the notice of removal. See 28 U.S.C. § 1447(a)–(b). If the defendant has not yet answered or filed a motion in response to the complaint, the answer or responsive pleading filed in this Court must comply with the Federal Rules of Civil Procedure and the Local Rules. If, before the case was removed, a motion or demurrer in response to the complaint was pending in state court, it must be re- noticed in this Court in accordance with Local Rule 6-1 and Local Rule 7. Counsel shall file with their first appearance a Notice of Interested Parties in accordance with Local Rule 7.1-1. ii. If an action is removed to this Court that contains a form pleading—i.e., a pleading in which boxes are checked—the party or parties utilizing the form pleading must file an appropriate pleading with this Court within thirty days of receipt of the Notice of Removal. The appropriate pleading referred to must comply with the requirements of Rules 7, 7.1, 8, 9, 10, and 11. d. Amended Pleadings. Every amended pleading shall be serially numbered to differentiate the pleading from prior pleadings—e.g., First Amended (Revised December 2025) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Complaint, Second Amended Counterclaim, Third Amended Cross Claim, etc. Counsel shall attach as an appendix to all amended pleadings a “redline” version of the amended pleading showing all additions and deletions of material from the most recent prior pleading. e. Status of Fictitiously Named Defendants. i. Plaintiff must identify and serve any fictitiously named defendant(s) before the date of the Scheduling Conference held pursuant to Rule 16(b). ii. All Doe defendants remaining within sixty (60) days after the Scheduling Conference, or by another date set forth in the scheduling order, or set separately by the Court are dismissed by operation of this Order without further notice unless plaintiff requests and justifies the need for additional time in the joint report for the Scheduling Conference and this request is granted by the Court. iii. Before moving to substitute a defendant for a Doe defendant, plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant. If denied consent, plaintiff must file a regularly noticed motion and address whether the addition of the newly named party destroys diversity jurisdiction. See 28 U.S.C. § 1447(c), (e). 4. DISCOVERY a. Compliance with Rule 26. Unless there is a likelihood that, upon motion by a party, the Court would order that any or all discovery is premature, counsel should begin to conduct discovery actively before the Scheduling Conference. Discovery is not stayed prior to the Scheduling Conference or after dates have been set unless otherwise ordered by the Court. At the very least, the parties shall comply fully with the letter and spirit of Rule 26(a) and thereby obtain and produce most of what would be produced in the early stage of discovery, /// (Revised December 2025) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 because at the Scheduling Conference the Court will impose firm deadlines to complete discovery. b. Informal Discovery Conference. No party may file a discovery motion until it has complied with Judge Audero’s mandatory procedure regarding a pre-motion telephonic discovery conference, as set forth in Judge Audero’s Requirements, Procedures ¶ 4. Any discovery motion filed without compliance with Judge Audero’s discovery dispute resolution procedures, or leave of the Court, will be stricken. 5. FILING REQUIREMENTS a. Filing Documents. i. Counsel. Pursuant to Rule 5(d)(3), Local Rule 5-4, and General Order 10-07, counsel shall electronically file (“e-file”) all filings. ii. Pro Se Litigants. Pro se litigants may present documents to the Clerk for filing in paper format pursuant to Local Rule 5-4.2. Pro se litigants can submit paper documents for filing by: (1) direct filing at the filing window located in the Roybal Courthouse; or (2) mail addressed to the Clerk at the Roybal Federal Building and United States Courthouse, 255 East Temple Street, Los Angeles, CA 90012. Alternatively, pro se litigants may submit documents for filing through the Court’s Electronic Document Submission System (“EDSS”) instead of mailing or bringing documents to the Clerk’s Office. EDSS is not the same as filing documents electronically in the Court’s CM/ECF System. Registration is not required to use EDSS and litigants do not need a PACER account; only internet access and an email address are required. Attorneys may not use EDSS to submit documents on behalf of their clients. To access EDSS and for additional information, visit the Court’s website at https://apps.cacd.uscourts.gov/edss. /// (Revised December 2025) 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Text Searchability. All documents—including pleadings, motions, and exhibits—submitted to the Court must be text searchable (i.e., “OCR’d”). d. Documents with Declarations, Exhibits, and Other Attachments. Except for filings in support of motions for summary judgment, if a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., ECF No. 29-1 Smith Declaration, 29-2 Ex. 1 – License Agreement, 29-3 Request for Judicial Notice). Documents filed in support of motions or stipulations that are not filed in accordance with this Order may not be considered or the related filing may be stricken. e. Proposed Orders. i. Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. ii. The Court enforces strict compliance of Local Rule 5-4.4.2, which instructs: “After a document requiring a judge’s signature has been lodged in accordance with L.R. 5-4.4.1, . . . a Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, must be emailed to the assigned judge’s generic chambers email address, either by using the ‘Proposed Orders’ link within the CM/ECF System or by sending a separate email . . . .” The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email. Failure to timely comply will result in the Court striking the filing. f. Chambers Copies. Unless otherwise notified by the Court, no chambers copies are required. /// /// (Revised December 2025) 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. ORDER SETTING SCHEDULING CONFERENCE Pursuant to Rules 16(b) and 26(f), the Court will issue an Order setting a Scheduling Conference. The parties must comply strictly with Rules 16 and 26, and Local Rule 26. The parties must propose a trial date that is within eighteen months of the filing of the complaint. 7. GENERAL MOTION REQUIREMENTS a. “Meet and Confer” Requirements. Local Rules 7-3 and 37-1 require counsel to conduct a pre-filing conference to discuss thoroughly the substance of the contemplated motion and any potential resolution. i. Scope. This requirement applies in all cases, including those with pro se litigants, and extends to all issues, including discovery matters. If the parties are unable to fully resolve the dispute, they shall attempt to narrow the scope of the contested issue(s). Parties must meet and confer either by phone, videoconference, or in person. Email correspondence is insufficient; and motions not supported by a statement that counsel met by phone, videoconference, or in person will be summarily denied. ii. Compliance. The moving party must include in the signed notice of motion a truthful representation of full compliance with Local Rule 7-3, stating that the parties “thoroughly discussed the substance and potential resolution of the filed motion [by phone/videoconference or in person].” With respect to discovery motions, the moving party must affirm compliance with the meet-and- confer requirements of Local Rule 37. iii. Sanctions. If an opposing party refuses to participate in good faith, the moving party shall explain the refusal in detail through an under-oath declaration that accompanies the motion or other moving paper. Failure by any party to comply in good faith with the “meet-and-confer” requirement shall result in an order to show cause regarding sanctions—including, as appropriate, striking or (Revised December 2025) 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 denying the motion, deeming the motion unopposed, and/or awarding monetary sanctions. b. Time for Filing and Hearing Motions. This Court hears civil motions on Thursday at 10:00 a.m. If Thursday is a court holiday, select another Thursday. If the motion date selected is not available, the Court will strike the filing or issue a minute order continuing the date. A party that waits until the last day to have a motion heard on a date that turns out to be unavailable risks having the motion stricken and not heard. Opposition or reply papers due on a court holiday may be filed on the next open court day. The parties may stipulate to a different briefing schedule, so long as the schedule provides at least two (2) weeks between the filing of the reply and the hearing, and allows for a hearing within the motion cut-off. If the parties resolve the issue(s), or if a party withdraws or does not oppose a motion, the Court must be notified as soon as possible, but no later than seven (7) days before the hearing date. Failure to oppose a motion likely will result in the motion being granted after the date on which the opposition would have been due. c. Length and Format of Motion Papers. Unless expressly stated otherwise or as excepted in the Local Rules, memoranda of points and authorities in support of or in opposition to motions must not exceed seven thousand (7,000) words, including headings, footnotes, and quotations but excluding the caption, the table of contents, the table of authorities, the signature block, the certification required by Local Rule 11-6.2, and any indices and exhibits. A handwritten brief or a brief prepared using a typewriter may not exceed twenty-five (25) pages, excluding the caption (if on a separate cover page), the table of contents, the table of authorities, the signature block, and any indices and exhibits. Replies must not exceed fifteen (15) pages. Only in rare instances will the Court find good cause to grant an application to extend these page limitations. Any memorandum that exceeds the page limit shall be stricken and may not be considered. Typeface and (Revised December 2025) 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 spacing shall comply with Local Rule 11-3.1.1, except that the parties are required to use only fourteen (14)-point Times New Roman font. Footnotes shall be in the same font and the same size as the body of the memorandum. d. Citations to Cases. Citations to cases must be in Bluebook format. Citations to cases must include pinpoint citations (citations to page numbers). For unreported cases, the Court prefers Lexis citations. e. Citations to Other Sources. Statutes should be cited in accordance with the Bluebook. Statutory references should identify with specificity the sections and subsections referenced (e.g., “Jurisdiction over this cause of action is based on 47 U.S.C. § 33, which grants the district court jurisdiction over all violations of the Submarine Cable Act.”). Statutory citations that do not specifically indicate the appropriate section and subsection (e.g., “Plaintiffs allege that Defendant’s conduct violates the Federal Electronic Communication Privacy Act, 18 U.S.C. § 2511, et seq.”) should be avoided. Citations to treatises, manuals, and other materials should include the volume, section, and pages being referenced. f. Oral Argument. Pursuant to Rule 78 and Local Rule 7-15, the Court may deem a matter appropriate for decision without oral argument. g. Tentative Rulings. The Court rarely issues tentative rulings before hearings. If so, they are typically emailed to counsel one (1) court day before the hearing. If both parties notify the Courtroom Deputy Clerk that they submit on the tentative ruling, the hearing will be vacated. 8. SPECIFIC MOTION REQUIREMENTS a. Motions Pursuant to Rule 12. Most motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially motions for alleged defects in a complaint, answer, or counterclaim that could be corrected by amendment. In general, the Court must provide leave to amend upon granting a motion to dismiss unless it is clear the complaint is not (Revised December 2025) 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 correctible. See Chang v. Chen, 80 F.3d 1293, 1296 (9th Cir. 1996); see also Rosenberg Bros. & Co. v. Arnold, 283 F.2d 406, 406 (9th Cir. 1960) (requiring “extreme liberality” in favor of amendments). If the Ninth Circuit’s long-standing “extreme liberality” standard applies to a meritoriously filed motion, the Court may summarily grant the motion with leave to amend. A good-faith “meet-and-confer” effort may avoid this costly and inefficient process. If the Court grants a motion to dismiss with leave to amend, the plaintiff must file an amended complaint within the time period specified by the Court. Failure to timely file an amended complaint will result in dismissal of the action or the relevant claim(s) with prejudice. b. Motions to Amend Pleadings. A motion to amend the pleadings must state: (a) the effect of the amendment; and (b) the page, line numbers, and wording of any proposed change or addition of material. A “redlined” version of the proposed amended pleading must be filed as an attachment to the motion and emailed to Chambers (in electronic form using Word), indicating all additions and deletions to the prior version of the pleading. This “redlined” version also must be delivered to opposing counsel at least two (2) hours in advance of the Local Rule 7- 3 conference; and if the plaintiff later changes the delivered version, counsel will be required to meet again about the revised pleading. In addition to the requirements of the Local Rules, all amended pleadings must be numbered serially to differentiate each amendment (i.e., “First Amended Complaint,” “Second Amended Complaint”). c. Summary Judgment Motions. i. Limit. No party may file more than one (1) motion pursuant to Rule 56 regardless of whether such motion is denominated a motion for summary judgment or summary adjudication, without leave of the Court. The parties shall not attempt to evade the page limitations for briefs by filing multiple motions. If a party believes this is one of the rare instances in which good cause exists for more than one (1) summary judgment motion or to increase page limits, the party shall (Revised December 2025) 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 seek leave by noticed motion setting forth a detailed showing of good cause. Pursuant to Rule 56(f), when appropriate, based on undisputed facts and controlling principles of law, the Court may sua sponte enter summary judgment in favor of the non-moving party. ii. Cross-Motions. The Court will not entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the single motion for summary judgment. If the parties cannot reach agreement on this issue, they shall file a joint submission to the Court with their respective proposals. Counsel should file this joint submission no later than forty-five (45) days before the last day to file the motion for summary judgment, as the Court will not extend that date on the ground that this joint submission was not necessitated. iii. Briefing Schedule. Parties need not wait until the motion cut- off date to bring motions for summary judgment or partial summary judgment. The hearing on any such motion shall be set for a date in advance of the Final Pretrial Conference. This Court requires an extended briefing schedule for motions under Rule 56, as follows: (cid:120) Any Rule 56 Motion must be filed at least twelve (12) weeks before the noticed hearing date. (cid:120) Any Opposition must be filed (4) weeks after the Motion is filed. (cid:120) Any Reply must be filed two (2) weeks after the Opposition is filed. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties. Any briefing schedule must provide the Court at least two weeks between the reply deadline and the hearing date. iv. Requirements. Because summary judgment motions are fact- and-evidence intensive, parties should prepare papers in a fashion that will assist the Court in absorbing the mass of material (e.g., generous use of tables of contents, (Revised December 2025) 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 headings, indices, etc.). The parties must comply precisely with Local Rule 56-1, 56-2, and 56-3. The Court will deem facts admitted in accordance with Local Rule 56-4. (1) Statement of Undisputed Facts, Statement of Genuine Issues, and Response. The separate statement of undisputed facts shall be in a two (2)-column table, as shown below. The left column sets forth narrowly-focused, undisputed facts as concisely as possible in sequentially numbered paragraphs. The right column sets forth the evidence that supports the factual statement. Where feasible, parties should use headers to group facts relevant to a particular issue, as shown below: Plaintiff’s Claim for Breach of Contract is Barred by the Statute of Limitations. Undisputed Fact 1. Mike and Jane signed a contract for the sale and purchase of property. Evidence Smith Decl. ¶ 5, Ex. 6, ECF No. 61-6. 2. Jane mailed the contract in May Smith Decl. ¶ 8, Ex. 21, ECF No. 61- 2017. 21. The opposing party’s statement of genuine issues also must be in a two (2)- column table and exactly track the movant’s separate statement. The left column must restate the allegedly undisputed fact and its supporting evidence. The right column must (i) state that the fact is undisputed or disputed, (ii) briefly state why the opposing party disputes the fact, (iii) cite with specificity the evidence that refutes the fact, and (iv) explain how the cited evidence refutes the fact. Plaintiff’s Claim for Breach of Contract is Barred by the Statute of Limitations. Undisputed Fact and Evidence 1. Mike and Jane signed a contract for the sale and purchase of property. Smith Decl. ¶ 5, Ex. 6, ECF No. 61-6. Disputed/Undisputed and Evidence Disputed. Jane testified that the contract was for a lease, not a purchase. Jane Dep. (Smith Decl. Ex. 4) at 29:4- (Revised December 2025) 14 16. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Jane mailed the contract in May 2017. Disputed as to date. Jane testified she Smith Decl. ¶ 8, Ex. 21, ECF No. 61- mailed the contract in June 2017. Jane 21. Dep. at 3:4-10. Do not include legal argument in this document. The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, it must clearly indicate what part is being disputed. The Court will not wade through a document to determine whether a fact really is in dispute. The opposing party may submit additional material facts that bear on the issues raised by the movant. The additional facts shall follow the format of the moving party’s separate statement and shall continue in sequentially numbered paragraphs. The moving party’s response to the statement of genuine issues must include every fact included in the opposing party’s statement of genuine issues, and for facts disputed by the opposing party, the moving party’s response to rebut the existence of a genuine dispute. The moving party’s response to the statement of genuine issues must exactly track the opposing party’s statement of genuine issues. Plaintiff’s Claim for Breach of Contract is Barred by the Statute of Limitations. Undisputed Fact and Evidence 1. Mike and Jane signed a contract for the sale and purchase of property. Smith Decl. ¶ 5, Ex. 6, ECF No. 61-6. Disputed/Undisputed and Evidence Disputed. Jane testified that the contract was for a lease, not a purchase. Jane Dep. (Smith Decl. Ex. 4) at 29:4- 1. Moving Party’s Response 16. In the section of the deposition cited by Opposing Party, Opposing Party merely states that she believed the contract was for a lease, but later in the deposition, Opposing Party admitted that was she was incorrect about this belief and understood the contract to be for the sale and purchase of property. See Jane Dep. at 29:4-64. (Revised December 2025) 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) Supporting Evidence. No party shall submit evidence other than the specific items of evidence or testimony necessary to support or controvert a proposed statement of undisputed fact. For example, entire deposition transcripts, entire sets of interrogatory responses, and documents that do not specifically support or controvert material in the separate statement shall not be filed. The Court will not consider such material. Evidence must be submitted either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence, and must not be attached to the memorandum. The Court will accept counsel’s authentication of deposition transcripts and written discovery responses. Documentary evidence for which there is no stipulation regarding authenticity must be accompanied by testimony, either by declaration or deposition transcript, of a witness who can establish authenticity. (3) Objections to Evidence. Evidentiary objections to a declaration submitted in connection with a motion or other matter shall be made in writing and served and e-filed at the same time as, but separately from, the opposition or reply papers. If a party disputes a fact based in whole or in part on an evidentiary objection, the ground of the objection should be succinctly stated in a separate statement of evidentiary objections in a three-column format: (a) The left column should include the relevant portions of any declaration or deposition, which shall include the highlighted, underlined, and/or bracketed portions that are being objected to (including page and line number, if applicable). Each objection shall be numbered and located within the copy of the declaration. objection (e.g., hearsay, lacks foundation, etc.) with a citation to the Federal Rules (b) The middle column should set forth a concise of Evidence or, where applicable, a case citation. /// (Revised December 2025) 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) The right column should provide space for the Court’s entry of its ruling on the objection. A proposed order shall be filed and attached to the evidentiary objections as a separate document consistent with Local Rule 52-4.1 and either uploaded through the CM/ECF System or emailed directly to the Court’s Chambers’ email at: [email protected]. See Exhibit A. Counsel shall adhere to this format for any evidentiary objections that are submitted to the Court for consideration. d. Motions for Class Certification. Notwithstanding Local Rule 23-3, the deadline for the filing of a motion for class certification will be set pursuant to the parties’ stipulation during the Scheduling Conference or in a Scheduling Order. No request for relief from Local Rule 23-3 is necessary. e. Motions for Preliminary and Final Approval of Class Action Settlement. Parties submitting a motion for preliminary or final approval of a class settlement shall include a spreadsheet supporting any proposed award of attorneys’ fees. The spreadsheet shall include an estimate of any future attorneys’ fees for which compensation will be sought, the normal hourly rate of all counsel for whom entries appear on the spreadsheet, the support for such hourly rate(s), and an explanation of the basis of any service enhancement award for lead plaintiff(s), including the hours worked and activities performed by such lead plaintiff(s). An editable, electronic courtesy copy shall be prepared in Microsoft Excel and emailed to the Court’s Chambers’ email at [email protected], formatted for use with Microsoft Excel. f. Discovery Motions Discovery motions shall comply strictly with Rule 37 and Local Rule 37. g. Motions for Attorneys’ Fees Motions for attorneys’ fees—other than motions for attorneys’ fees brought pursuant to Federal Rule of Civil Procedure 37—shall be e-filed and set for hearing (Revised December 2025) 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 according to Local Rule 6-1 and this Order. Any motion or request for attorneys’ fees—except for requests for attorneys’ fees pursuant to Federal Rule of Civil Procedure 37—shall attach two (2) summaries, in table form, of the hours worked by and billing rate of each attorney with title (i.e., partner, counsel, associate, etc.). The first table shall include a summary of the hours worked by each attorney, organized by task (i.e., discovery, motion to dismiss, motion for summary judgment). If the hourly rate charged by any individual attorney changed while the action was ongoing, the party shall provide separate calculations for the total number of hours the attorney spent in connection with each task at each hourly rate. The second table shall include a summary of the hours worked by each attorney, organized by attorney. This table shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney. All tables shall be attached to the motion and electronically filed. The courtesy copy of the table shall be emailed to the Court’s Chambers email address at [email protected], and shall be prepared in Microsoft Excel and have all restrictions removed so the spreadsheet can be edited. See Exhibit B. Motions for attorneys’ fees brought pursuant to Federal Rule of Civil Procedure 37 shall provide detail of the individual tasks performed for which reimbursement is sought and the hourly rate requested for same, and shall establish the reasonableness of both the number of hours and the hourly rate, including evidence of the prevailing rate. These records may be redacted to prevent disclosure of privileged matter. However, as to such redacted records, counsel shall submit a declaration describing the nature of the service with sufficient detail to allow opposing counsel to determine if the item is objectionable. As to all attorneys’ fees motions, all information provided by moving counsel shall be treated as confidential by opposing counsel. The information shall be used solely for purposes of the fee litigation, and shall be disclosed to other persons, if at (Revised December 2025) 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 all, only in court filings or hearings related to the fee litigation. If opposing counsel proposes to disclose any of the information in a court filing or hearing, opposing counsel shall provide moving counsel with prior written notice and a reasonable opportunity to request an appropriate protective order. In addition, as to all attorneys’ fees motions, before filing such a motion, counsel must meet and confer in person or by videoconference pursuant to Local Rule 7-3 or 37-1 (as applicable) to attempt in good faith to agree on the reasonable amount of fees to be awarded (if the Court decides to award fees), keeping in mind that a contested request for attorneys’ fees “should not result in a second major litigation.” Hensley v. Eckerhart, 461 U.S. 424, 437 (1983) (“Ideally, of course, litigants will settle the amount of a fee. Where settlement is not possible, the fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.”) h. Filings Under Seal. i. Counsel shall comply with Local Rule 79-5. All applications to file under seal must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding. Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two (2) calendar days after the meet-and-confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing. Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied without prejudice to an amended application being filed that complies with the foregoing terms. (Revised December 2025) 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ii. E-filing Applications for Leave to File Under Seal (1) The application for leave to file under seal shall be filed on the public docket and shall attach a proposed order pursuant to Local Rule 5- 4.4.1 and Local Rule 5-4.4.2. Any declaration that supports the application also shall be attached to the application unless it contains confidential information. The declaration shall be filed under seal as its own docket entry if it contains confidential information. (2) The unredacted version of any document(s) shall be filed under seal. It may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, it shall be filed as its own docket entry. The title shall include “Unredacted” or “Sealed” as the first word of the title of the document. Any sealed document must mark the information that is confidential or privileged clearly via highlighting in color and/or using brackets. (3) The Court will review the submitted documents and make a determination as to whether the document(s) can be sealed and filed on the docket. If the application is granted, counsel shall file: (a) The unredacted version of the entire document as its own docket entry. The title shall include “Unredacted” or “Sealed” as the first word of the title of the document. Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets. (b) The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include “Redacted” as the first word of the title of the document. Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed. (Revised December 2025) 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) Closely related materials filed at the same time where some are proposed to be filed under seal and others will not be sealed shall be considered as a single document and filed as a single docket entry containing multiple attachments. For example, if certain exhibits to a declaration are to be filed under seal, even if other exhibits or the declaration are not, the entire document for which permission to seal should be sought is the declaration and all exhibits. The docket shall therefore include: documents to include the declaration with all exhibits, including sealed exhibits, e- (i) One unredacted/sealed docket entry with the filed as an attachment to the declaration; documents to include the declaration with all exhibits, including redacted exhibits, (ii) a separate redacted docket entry with the e-filed as an attachment to the declaration. 9. EX PARTE APPLICATIONS A party seeking ex parte relief, including a temporary restraining order, must comply with Local Rule 7-19. The applicant must notify the other party (or parties) that opposing papers are to be filed no later than two (2) court days following service. The Court generally will not rule on an ex parte application for at least two (2) court days after the party subject to the requested order has been served unless service is excused. Opposing counsel should advise the CRD as soon as possible whether their client intends to oppose the ex parte application. The Court considers ex parte applications on the papers and usually does not set these matters for hearing. A last-minute application or stipulation that is denied will not serve to relieve a party of an underlying obligation (e.g., a soon-to-expire deadline). Sanctions may be imposed for misuse of ex parte applications. /// /// (Revised December 2025) 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. INJUNCTIONS AND RESTRAINING ORDERS Parties seeking preliminary or emergency injunctive relief must comply with Rule 65 and Local Rule 65. Applications for a Temporary Restraining Order (“TRO”) are also governed by Local Rule 7-19, which applies to ex parte applications. Thus, oppositions to Applications for a TRO must be filed within forty-eight (48) hours following service of the Application. The Court will not rule on any Application for a TRO for at least forty-eight (48) hours after the party subject to the requested order has been served, unless notice is excused as per Rule 65(b), or unless the interests of justice so require. 11. CONTINUANCES a. Good Cause. The Court grants continuances of pretrial and trial deadlines only on a timely showing of good cause. The Court applies the same standard of good cause to all extension requests—whether opposed or jointly requested. Good cause requires a specific, detailed, and non-conclusory showing of diligence from the outset of the case, describing: (1) all relevant work previously done (including when each item was completed); (2) all relevant work that remains to be done; (3) why the remaining work could not previously have been done (including efforts made to complete each remaining item); and (4) why the amount of time requested is needed to complete the remaining work. b. Diligence. Diligence generally will not be found when a party opts for strategic staging of discovery (or other tasks) that prevent completion within the existing deadline. Moreover, a desire to engage in settlement discussions generally does not constitute good cause. The parties are strongly encouraged to agree to exchange initial disclosures promptly and to actively commence discovery before the Scheduling Conference. c. Denied with Prejudice. Denial of an extension request, including summary denial, is with prejudice. The parties should therefore present all (Revised December 2025) 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 available information showing that the outstanding discovery or other litigation tasks cannot be completed within the existing deadlines despite all reasonable diligence from the outset of the case. A party is not permitted to resubmit a denied extension request with information that was either previously submitted or previously available. d. Failure to Comply. Failure to comply with the procedural requirements above will result in the extension request being stricken or summarily denied. An improper resubmission of a denied extension request may result in sanctions. 12. SETTLEMENT CONFERENCE/ALTERNATIVE DISPUTE RESOLUTION (ADR) As stated in Local Rule 16-15, the parties in every case must participate in a Settlement Conference or Alternative Dispute Resolution (“ADR”) procedure. The Court will not hold a final pretrial conference or convene any trial unless and until all parties, including the principals of all corporate parties, have completed ADR. In their Joint Rule 26(f) Report, counsel should indicate their preferred ADR procedure as among the following: Procedure No. 1: Before a Magistrate Judge in the Central District of California, to be selected based upon availability; Procedure No. 2: Before a neutral selected from the Central District of California’s ADR Panel; or Procedure No. 3: Before a private mediator. The Court will refer the case to a procedure at the initial scheduling conference. More information about the Court’s ADR Panel and mediator profiles is available on the Court’s website. /// /// (Revised December 2025) 23 13. STANDING ORDERS AND TEMPLATES Certain forms and templates are available on Judge Audero’s webpage. If the Court has provided a template for any filing, the parties must follow it. IT IS SO ORDERED. DATED: MARIA A. AUDERO UNITED STATES MAGISTRATE JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Revised December 2025) 24 EXHIBIT A: FORMAT FOR EVIDENTIARY OBJECTIONS Declaration/Testimony of_____________ Objections Ruling Example 1: Entire Declaration of John Smith Start of Deposition ……………………………. [1. Language subject to objection] 1. E.g., Hearsay, cite. 1. Sustained/ Overruled ……………………………………..................... …………………………………………………... …………………………………………………… [2. Language subject to objection] 2. E.g., Lacks foundation, cite. 2. Sustained/ Overruled …………………………………………………… …………………………………………………… …………………………………………………… [3. Language subject to objection] 3. E.g., Hearsay, cite. 3. Sustained/ Overruled …………………………………………………… …………………………………………………… …………………………………………………… End if Declaration 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Revised December 2025) 25 EXHIBIT B: FORMAT FOR ATTORNEYS’ FEES SUMMARY CHARTS Table 1 Task 1: Motion to Dismiss Attorney Attorney 1 (position) Attorney 2 (position) Fee Request for Task 1 Rate $XXX/hour $XXX/hour Hours Total hours spent by Attorney 1 on Task 1 Total hours spent by Attorney 2 on Task 1 Task 1 Sum Fee $XXX $XXX Task 1 Sum Task 2: Motion for Summary Judgment Attorney 1 (position) Attorney 2 (position) Fee Request for Task 2 $XXX/hour $XXX/hour Attorney Attorney 1 $XXX/hour (position) Rate Attorney 2 $XXX/hour (position) Total Task 1 Task 2 Task 3 Task 4 Task 5 Task 1 Total hours spent by Attorney 1 on Task 2 Total hours spent by Attorney 2 on Task 2 Task 2 Sum $XXX $XXX Task 2 Sum Table 2 HOURS BY TASK Total Hours Spent by Attorney 1 on Task 1 TOTALS Hours: Amount: $ Total Hours Spent by Attorney 2 on Task 1 Hours: Amount: $ Hours: Amount: $ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Revised December 2025) 26

=== Request for Informal Telephonic Discovery Conference - May 2024 ===

REQUEST FOR INFORMAL TELEPHONIC DISCOVERY CONFERENCE Please submit the completed form to [email protected]. The parties are encouraged not to exceed the space provided. Case Name: Case Number: Today’s Date: Fact Discovery Cutoff: Expert Discovery Cutoff: Dates of the two conferences of counsel pursuant to Local Rule 37-1: 1. 2. Primary counsel of record who will appear at the informal telephonic conference: For Moving Party ( Plaintiff Defendant Third Party): For Responding Party ( Plaintiff Defendant Third Party): Stipulated dates and times proposed for the conference: 1. 2. 3. Brief, neutral statement of dispute (please also email the discovery requests and responses, if applicable): Relief requested by party seeking discovery: Summary of parties’ respective positions: Moving Party: Responding Party:

=== Stipulated Protective Order - October 2021 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. Plaintiff(s), STIPULATED PROTECTIVE ORDER v. Defendant(s). 1. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Stipulated Protective Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 13.3 below, that this Stipulated Protective Order does not entitle Revised 10/27/21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 them to file confidential information under seal; Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the Court to file material under seal. 2. GOOD CAUSE STATEMENT [The “Good Cause Statement” should be edited to include or exclude specific information that applies to the particular case, i.e., what harm will result from the disclosure of the confidential information likely to be produced in this case? Below is an example:] This action is likely to involve trade secrets, customer and pricing lists and other valuable research, development, commercial, financial, technical and/or proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted. Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, information regarding confidential business practices, or other confidential research, development, or commercial information (including information implicating privacy rights of third parties), information otherwise generally unavailable to the public, or which may be privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and to serve the ends of justice, a protective order for such information is justified in this matter. It is the intent of the parties that information will not be designated as confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 confidential, non-public manner, and there is good cause why it should not be part of the public record of this case. 3. DEFINITIONS 3.1. Action: [This pending federal lawsuit.] [Alternatively, this definition may include consolidated or related actions.] 3.2. Challenging Party: A Party or Nonparty that challenges the designation of information or items under this Stipulated Protective Order. 3.3. “CONFIDENTIAL” Information or Items: Information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 3.4. Counsel: Outside Counsel of Record and In-House Counsel (as well as their support staff). 3.5. Designating Party: A Party or Nonparty that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 3.6. Disclosure or Discovery Material: All items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that is produced or generated in disclosures or responses to discovery in this matter. 3.7. Expert: A person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this Action. /// /// 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// 3.8. In-House Counsel: Attorneys who are employees of a party to this Action. In-House Counsel does not include Outside Counsel of Record or any other outside counsel. 3.9. Nonparty: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 3.10. Outside Counsel of Record: Attorneys who are not employees of a party to this Action but are retained to represent or advise a party to this Action and have appeared in this Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party, and includes support staff. 3.11. Party: Any party to this Action, including all of its officers, directors, employees, consultants, retained experts, In-House Counsel, and Outside Counsel of Record (and their support staffs). 3.12. Producing Party: A Party or Nonparty that produces Disclosure or Discovery Material in this Action. 3.13. Professional Vendors: Persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. 3.14. Protected Material: Any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 3.15. Receiving Party: A Party that receives Disclosure or Discovery Material from a Producing Party. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. SCOPE The protections conferred by this Stipulated Protective Order cover not only Protected Material, but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Stipulated Protective Order does not govern the use of Protected Material at trial. 5. DURATION [One possible paragraph:] Once a case proceeds to trial, all of the information that was designated as confidential or maintained pursuant to this Stipulated Protective Order becomes public and presumptively will be available to all members of the public, including the press, unless compelling reasons supported by specific factual findings to proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in discovery from “compelling reasons” standard when merits-related documents are part of court record). Accordingly, the terms of this Stipulated Protective Order do not extend beyond the commencement of the trial. [Alternative possible paragraph:] Even after final disposition of this litigation, the confidentiality obligations imposed by this Stipulated Protective Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this Action, with or without prejudice; and (2) final judgment herein 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law. 6. DESIGNATING PROTECTED MATERIAL 6.1. Exercise of Restraint and Care in Designating Material for Protection. Each Party or Nonparty that designates information or items for protection under this Stipulated Protective Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Stipulated Protective Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber the case development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions. 6.2. Manner and Timing of Designations. Except as otherwise provided in this Stipulated Protective Order (see, e.g., Section 6.2(a , or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Stipulated Protective Order must be clearly so designated before the material is disclosed or produced. /// 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Designation in conformity with this Stipulated Protective Order requires the following: (a) For information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). A Party or Nonparty that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Stipulated Protective Order. Then, before producing the specified documents, the Producing Party must affix the legend “CONFIDENTIAL” to each page that contains Protected Material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). (b) For testimony given in depositions, that the Designating Party identify the Disclosure or Discovery Material on the record, 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 before the close of the deposition, all protected testimony. (c) For information produced in nondocumentary form, and for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information is stored the legend “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, the Producing Party, to the extent practicable, shall identify the protected portion(s). 6.3. Inadvertent Failure to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Stipulated Protective Order for such material. Upon timely correction of a designation, the Receiving Party must make reasonable efforts to assure that the material is treated in accordance with the provisions of this Stipulated Protective Order. 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7.1. Timing of Challenges. Any Party or Nonparty may challenge a designation of confidentiality at any time that is consistent with the Court’s Scheduling Order. 7.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution process, which shall comply with Local Rule 37.1 et seq., and with /// /// /// 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 4 of Judge Audero’s Procedures (“Mandatory Telephonic Conference for Discovery Disputes”).1 7.3. Burden of Persuasion. The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, all parties shall continue to afford the material in question the level of protection to which it is entitled under the Producing Party’s designation until the Court rules on the challenge. 8. ACCESS TO AND USE OF PROTECTED MATERIALS 8.1. Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Nonparty in connection with this Action only for prosecuting, defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the categories of persons and under the conditions described in this Stipulated Protective Order. When the Action reaches a final disposition, a Receiving Party must comply with the provisions of Section 14 below. Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that 1 Judge Audero’s Procedures are available at https://www.cacd.uscourts.gov/honorable-maria-audero. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 access is limited to the persons authorized under this Stipulated Protective Order. 8.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: (a) The Receiving Party’s Outside Counsel of Record, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this Action; (b) The officers, directors, and employees (including In-House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts of the Receiving Party to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) The Court and its personnel; (e) Court reporters and their staff; (f) Professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary or this Action and who have signed the “Acknowledgment and Agreement to be Bound” (Exhibit A); (g) The author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) During their depositions, witnesses, and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: (i) the deposing party requests that the witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A); and (ii) the witness will not be permitted to keep any confidential information unless they sign the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by the Designating Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and (i) Any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party must: (a) Promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) Promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Stipulated Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) Cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. /// 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” before a determination by the Court from which the subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking protection in that court of its confidential material and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from another court. 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 10.1. Application. The terms of this Stipulated Protective Order are applicable to information produced by a Nonparty in this Action and designated as “CONFIDENTIAL.” Such information produced by Nonparties in connection with this litigation is protected by the remedies and relief provided by this Stipulated Protective Order. Nothing in these provisions should be construed as prohibiting a Nonparty from seeking additional protections. 10.2. Notification. In the event that a Party is required, by a valid discovery request, to produce a Nonparty’s confidential information in its possession, and the Party is subject to an agreement with the Nonparty not to produce the Nonparty’s confidential information, then the Party shall: (a) Promptly notify in writing the Requesting Party and the Nonparty that some or all of the information requested is subject to a confidentiality agreement with a Nonparty; 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) Promptly provide the Nonparty with a copy of the Stipulated Protective Order in this Action, the relevant discovery request(s), and a reasonably specific description of the information requested; and (c) Make the information requested available for inspection by the Nonparty, if requested. 10.3. Conditions of Production. If the Nonparty fails to seek a protective order from this Court within fourteen (14) days after receiving the notice and accompanying information, the Receiving Party may produce the Nonparty’s confidential information responsive to the discovery request. If the Nonparty timely seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Nonparty before a determination by the Court. Absent a court order to the contrary, the Nonparty shall bear the burden and expense of seeking protection in this Court of its Protected Material. 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party immediately must (1) notify in writing the Designating Party of the unauthorized disclosures, (2) use its best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Stipulated Protective Order, and (4) request such person or persons to execute the “Acknowledgment and Agreement to be Bound” (Exhibit A). /// 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in an e-discovery order that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or information covered by the attorney-client privilege or work product protection, the parties may incorporate their agreement in the Stipulated Protective Order submitted to the Court. 13. MISCELLANEOUS 13.1. Right to Further Relief. Nothing in this Stipulated Protective Order abridges the right of any person to seek its modification by the Court in the future. 13.2. Right to Assert Other Objections. By stipulating to the entry of this Stipulated Protective Order, no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by this Stipulated Protective Order. 13.3. Filing Protected Material. A Party that seeks to file under seal any Protected Material must comply with Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 specific Protected Material at issue. If a Party's request to file Protected Material under seal is denied by the Court, then the Receiving Party may file the information in the public record unless otherwise instructed by the Court. 14. FINAL DISPOSITION After the final disposition of this Action, within sixty (60) days of a written request by the Designating Party, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel is entitled to retain an archival copy of all pleadings; motion papers; trial, deposition, and hearing transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert reports; attorney work product; and consultant and expert work product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Stipulated Protective Order as set forth in Section 5. /// /// /// /// 15 15. VIOLATION Any violation of this Stipulated Order may be punished by any and all appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: Dated: Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. Dated: Maria A. Audero United States Magistrate Judge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, [full name], of [address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Central District of California on [date] in the case of [case name and number]. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order, and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Stipulated Protective Order. I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint [full name] of [address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. Signature: Printed Name: Date: City and State Where Sworn and Signed: 17